A Federal judge partially ruled against Marvel Enterprises Wednesday, all but putting to an end the comic book company's efforts to wring damages and an injunction against NCsoft and CoH developer Cryptic Studios for their game's create-a-player feature.
In a lawsuit filed against NCsoft and Cryptic Studios in November 2004, Marvel claimed that City of Heroes' (CoH) character generator infringed on several of the company's trademarks, as the game's players are potentially able to create likenesses extremely similar to Marvel comic book characters.
In the lawsuit, Marvel stated: "Defendants have created, marketed, distributed and provided a host environment for a game that 'brings the world of comic books alive,' not by the creation of new or original characters, but instead, by ... infringing upon Marvel's copyrights and trademarks ..."
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News source: FileFront